YUVRAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the proclamation order dtd. 21/7/2023 (Annexure P-3) in case No.CHI-188-2023 titled 'State versus Jacob Poly', vide which the petitioner has been declared a proclaimed person in FIR No.36 dtd. 17/5/2021 under Sec. 188 IPC, Police Station Sadiq, District Faridkot.

(2.) The learned counsel for the petitioner contends that an FIR No.36 dtd. 17/5/2021 under Sec. 188 IPC, Police Station Sadiq, District Faridkot was registered for violation of certain COVID norms. The petitioner did not appear during the course of proceedings as he was a juvenile and his date of birth is 8/2/2006 making him approximately 15 years and 03 months of age. On account of this fact, he was declared a proclaimed person vide order dtd. 21/7/2023 (Annexure P-3). He contends that, in terms of the provisions of the Juvenile Justice Act, a juvenile in conflict with law cannot be declared a proclaimed person. Reliance has been placed on the judgment of this Court in "Sadhu Singh Versus State of Punjab and others", 2022 (4) R.C.R. (Criminal) 473. He, therefore, prays that the present petition be allowed and the impugned order dtd. 21/7/2023 (Annexure P-3) be quashed.

(3.) The learned Senior Counsel appearing as the amicus curiae, has very ably assisted this Court and contends that, in terms of the judgment rendered in Sadhu Singh (supra), as there can be no publication with respect to a juvenile, the question of declaring such juvenile a proclaimed person does not arise. Therefore, the impugned order is liable to be quashed.